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Author: John R. Wunder
Publisher: Routledge
ISBN: 1135631263
Category : Religion
Languages : en
Pages : 387
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Book Description
First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
Author: John R. Wunder
Publisher: Routledge
ISBN: 1135631263
Category : Religion
Languages : en
Pages : 387
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Book Description
First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
Author: John R. Wunder
Publisher:
ISBN: 9780815324898
Category : Indians of North America
Languages : en
Pages :
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Book Description
Author: Michael D. McNally
Publisher: Princeton University Press
ISBN: 069120151X
Category : Social Science
Languages : en
Pages : 400
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Book Description
The remarkable story of the innovative legal strategies Native Americans have used to protect their religious rights From North Dakota's Standing Rock encampments to Arizona's San Francisco Peaks, Native Americans have repeatedly asserted legal rights to religious freedom to protect their sacred places, practices, objects, knowledge, and ancestral remains. But these claims have met with little success in court because Native American communal traditions don't fit easily into modern Western definitions of religion. In Defend the Sacred, Michael McNally explores how, in response to this situation, Native peoples have creatively turned to other legal means to safeguard what matters to them. To articulate their claims, Native peoples have resourcefully used the languages of cultural resources under environmental and historic preservation law; of sovereignty under treaty-based federal Indian law; and, increasingly, of Indigenous rights under international human rights law. Along the way, Native nations still draw on the rhetorical power of religious freedom to gain legislative and regulatory successes beyond the First Amendment. The story of Native American advocates and their struggle to protect their liberties, Defend the Sacred casts new light on discussions of religious freedom, cultural resource management, and the vitality of Indigenous religions today.
Author: United States. Congress. Senate. Committee on Indian Affairs (1993- )
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 254
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Book Description
Author: Carolyn Nestor Long
Publisher: Landmark Law Cases and American Society
ISBN:
Category : Law
Languages : en
Pages : 344
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Book Description
"The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. A major event in Native American history, the case attracted widespread support for the Indian cause from a diverse array of religious groups eager to protect their own religious freedom and led to an intense tug-of-war between the Court and Congress. Carolyn Long provides the first book-length analysis of Smith and shows shy it continues to resonate so deeply in the American psyche."--Back cover.
Author: Brian E. Brown
Publisher: Bloomsbury Publishing USA
ISBN: 031300336X
Category : History
Languages : en
Pages : 209
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Book Description
Examining a series of court decisions made during the 1980s regarding the legal claims of several Native American tribes who attempted to protect ancestrally revered lands from development schemes by the federal government, this book looks at important questions raised about the religious status of land. The tribes used the First Amendment right of free exercise of religion as the basis of their claim, since governmental action threatened to alter the land which served as the primordial sacred reality without which their derivative religious practices would be meaningless. Brown argues that a constricted notion of religion on the part of the courts, combined with a pervasive cultural predisposition towards land as private property, marred the Constitutional analysis of the courts to deprive the Native American plaintiffs of religious liberty. Brown looks at four cases, which raised the issue at the federal district and appellate court levels, centered on lands in Tennessee, Utah, South Dakota, and Arizona; then it considers a fifth case regarding land in northwestern California, which ultimately went to the U.S. Supreme Court. In all cases, the author identifies serious deficiencies in the judicial evaluations. The lower courts applied a conception of religion as a set of beliefs and practices that are discrete and essentially separate from land, thus distorting and devaluing the fundamental basis of the tribal claims. It was this reductive fixation of land as property, implicit in the rulings of the first four cases, that became explicitly sanctioned and codified in the Supreme Court's decision in Lyng v. Northwest Indian Cemetery Protective Association of 1988. In reaching such a position, the Supreme Court injudiciously engaged in a policy determination to protect government land holdings, and did so through a shocking repudiation of its own long established jurisprudential procedure in cases concerning the free exercise of religion.
Author: United States. Congress. Senate. Committee on Indian Affairs (1993- )
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 320
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Book Description
Author: Christopher Vecsey
Publisher: Crossroad Publishing
ISBN: 9780824510671
Category : Law
Languages : en
Pages : 186
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Book Description
"American Indian communities regard their religious freedoms to be endangered. Despite the First Amendment and an act of Congress that purports to protect Indian religious rights, Native Americans find the practice of their religious traditions to be hindered, often by governmental interference. This book, a collective effort by scholars, lawyers, and American Indian spokespersons has three goals: to identify the specific areas in which Indian religious practices are undermined by federal, state, and local policies as well as by private enterprises; to help non-Indians understand the conceptual bases for American Indian religious beliefs and practices; to suggest practical ways in which to protect the free exercise of Indian religions in the face of other conflicting claims and values. Specifically, Indians find their religious practice endangered in the following ways: the degradation of geographical areas deemed sacred sites; the maltreatment of Indian burials, particularly bodily remains; the prohibition against capture, kill, and use of endangered or protected series; the regulations regarding the collection, transport, and use of peyote; the alienation and display of religious artifacts; the prevention of Indian rituals and behavior (the wearing of braided hair, participation in sweats or pipe ceremonies), particularly in authoritarian institutions. This book is both a manifesto decrying policies that endanger American Indian religious traditions and a manual showing ways in which these traditions might be protected and promoted"--Back cover.
Author: United States. Congress. Senate. Committee on Indian Affairs (1993- )
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 146
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Book Description
Author: Jo Carrillo
Publisher: Temple University Press
ISBN: 9781566395823
Category : History
Languages : en
Pages : 372
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Book Description
This collection of works many by Native American scholars introduces selected topics in federal Indian law. Readings in American Indian Law covers contemporary issues of identity and tribal recognition; reparations for historic harms; the valuation of land in land claims; the return to tribal owners of human remains, sacred items, and cultural property; tribal governance and issues of gender, democracy informed by cultural awareness, and religious freedom. Courses in federal Indian law are often aimed at understanding rules, not cultural conflicts. This book expands doctrinal discussions into understandings of culture, strategy, history, identity, and hopes for the future. Contributions from law, history, anthropology, ethnohistory, biography, sociology, socio-legal studies, and fiction offer an array of alternative paradigms as strong antidotes to our usual conceptions of federal Indian law. Each selection reveals an aspect of how federal Indian law is made, interpreted, implemented, or experienced. Throughout, the book centers on the ever present and contentious issue of identity. At the point where identity and law intersect lies an important new way to contextualize the legal concerns of Native Americans. Author note: Jo Carrillo is Visiting Professor of Law at Stanford Law School, where she is on leave from the University of California, Hastings College of Law.
